WinI2C/DDC – License Agreement
SINGLE USER SOFTWARE LICENSE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, OR DO NOT DOWNLOAD THE PRODUCT.
This license agreement covers your use of WinI2C/DDC, its source code, documentation, and executable files, hereinafter referred to as "Product". The Product is Copyright © 2006-2012 Michael Kapustin, Nicomsoft Ltd. ("Nicomsoft"). You may use it and distribute it according to this following License Agreement. If you do not agree with these terms, please remove the Product from your system. By incorporating the Product in your work or distributing the Product to others you implicitly agree to these license terms. The Product is, and remains, Copyright © 2006-2012 Nicomsoft Ltd, with exception of specific copyrights as noted in the individual source files.
The Product is distributed as try-before-you-buy product. This means:
1. All copyrights to Product are exclusively owned by the author - Nicomsoft Ltd. Product is protected by copyright laws. At all times Nicomsoft retains full title to the software. Subject to your acceptance of and accordance with the terms and conditions stated in this agreement, you shall be granted a single-user software license. Any previous agreement with Nicomsoft is superseded by this agreement.
2. Anyone may use trial version of Product as long as you want. You can try trial version of Product, which shows about dialog at startup and may have other limitations described in the Product's documentation. Full version of Product not contain such restrictions and shipped with compiled modules or with full source code. To use full version of Product, you MUST register.
3. The Product unregistered trial version, may be freely distributed, with exceptions noted below, provided the distribution package is not modified. No person or company may charge a fee for the distribution of Product without written permission from the copyright holder. The Product unregistered trial version may not be bundled or distributed with any other package without written permission of the copyright holder.
REGISTER THIS SOFTWARE LICENSE GIVES YOU THE RIGHT TO:
1. Install and use the Product for the sole purposes of designing, developing, testing, and deploying application programs which you create. You may install a copy of the Product on a computer and freely move the Product from one computer to another, provided that you are the only individual using the Product. If you are an entity, you must designate one individual within your organization ("Named User") to have the right to use the Product.
2. Write and compile your own application programs using the Product contained in this package. All copies of the Product you so write and distribute must include Nicomsoft copyright notice, or a valid copyright notice of your own.
3. Make one copy of the Product for backup or archival purposes or copy the Product to a single permanent storage medium provided you keep the original solely for backup or archival purposes.
4. Technical support and notifications on those new versions Product, which can upgrade with no additional payment.
5. The registered Product may not be rented or leased, but may be permanently transferred, if the person receiving it agrees to terms of this license. If the software is an update, the transfer must include the update and all previous versions.
6. It is not provided any additional license deductions, except for cost of the registration, connected with creation and distribution of reports and forms of Product. The registered users, can use Product as "Royalty free". It means, that they freely may distribute the programs using Product if it does not contradict conditions of this license agreement. Any sanctions to that on from the author is not required.
ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE SOFTWARE LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION, NICOMSOFT MAY PURSUE CRIMINAL, CIVIL, OR ANY OTHER AVAILABLE REMEDIES.
1. Distribution of any files contained in this software package, other than the runtime packages explicitly listed above, including but not limited to .CPP, .C, .HPP and .H files.
2. Modification, decompilation, disassembly, reverse engineering or translation of the Product.
3. Removal of proprietary notices, labels or marks from the Product or Product Documentation.
4. Inclusion of the Product in a development environment.
5. Creation of an application that does not differ materially from the Product.
6. Creation of an application (whether it be freeware, shareware or a commercial product) which competes directly or indirectly with the Product.
AGREEMENT PERTAINING TO THE RELEASE OF SOURCE CODE BY NICOMSOFT TO RECIPIENT
USE OF SOURCE CODE
Recipient will not utilize the source for the creation of Product (whether it be freeware, shareware or a commercial product) which competes directly or indirectly with Product. In addition, Recipient will not disclose the source itself, nor the implementations discovered therein, to any party involved in the creation of software which competes directly or indirectly with Product.
DISTRIBUTION OF SOURCE CODE
Recipient will not distribute the Product. Specifically this includes all .cpp, .c, .hpp, .h and other source files which Nicomsoft has provided.
CHANGES TO SOURCE CODE
Nicomsoft reserves the right to change any part of the source in future versions of the Product. These changes may include the removal of functions, classes, properties and methods or the creation of new functions, classes, properties and methods.
TECHNICAL SUPPORT FOR SOURCE CODE
Nicomsoft will not provide support for changes Recipient makes to the source. Recipient assumes full responsibility for supporting any code or application which results from such modification. Recipient will not hold Nicomsoft liable, directly or indirectly, for any changes made to the source, including changes which Recipient has made based on advice or suggestions provided by Nicomsoft. You must clearly indicate any modifications at the start of each source file. The user of any modified Product code must know that the source file is not original.
SOURCE IS PROVIDED AS IS
PRODUCT IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. NICOMSOFT WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS PRODUCT
TERM AND TERMINATION
The license granted under this Agreement will continue in force until terminated, as set forth herein. If Licensee fails to pay any monies or provide any services due in connection with the Product, or violates any term or condition of this Agreement, Nicomsoft or its agent may terminate this License immediately by giving notice of termination to Licensee. Licensee is responsible for providing valid contact information to Nicomsoft. If no valid contact information is available for Licensee in Nicomsoft's records, Nicomsoft is not required to give notice of termination to Licensee. Licensee also may terminate this License voluntarily by giving notice of termination to Nicomsoft and destroying or returning to Nicomsoft all copies of all or any part of the Product and related user documentation in Licensee's possession or under Licensee's control.
EFFECT OF TERMINATION
Immediately upon termination, Licensee will destroy or return to Nicomsoft all copies of all or any part of the Product in Licensee's possession or under Licensee's control. Licensee will have no right to keep or use any copy of the Product and related user documentation for any purpose after termination of this Agreement.
TRANSFER OF PRODUCT
Licensee shall not have the right to transfer this Product license, without the prior written consent of Nicomsoft.
The parties to this Agreement will take all reasonable steps to ensure that any material or information identified by either party to be confidential ("Confidential Information"), which the other party has possession or knowledge of in connection with this Agreement, will not be disclosed to others, in whole or in part, without the prior written permission of the other party. Neither party will have the obligation to maintain the confidentiality of any data or information which (i) was in the receiving party's lawful possession prior to receipt from the other party, (ii) is later lawfully obtained by the receiving party from a third party having no obligation of secrecy to the other party, (iii) is available to the public through no act or failure of the receiving party, (iv) is readily available in the public domain, or (v) is independently developed by the receiving party. The receiving party will immediately return or destroy any or all Confidential Information that has been provided to it by the other party, upon the other party's request.
OWNERSHIP OF PRODUCT
Nicomsoft has and will retain all ownership rights in the Product, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. Licensee will have no rights in the Product except as explicitly stated in this Agreement.
ASSIGNMENT AND DELEGATION
Licensee may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without Nicomsoft' prior written consent. Any attempt to assign or delegate without that consent will be void.
DISCLAIMER OF WARRANTY
1. This Software and its accompanying written materials are provided by Nicomsoft "AS IS" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed.
2. In no event shall Nicomsoft be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, savings, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Software, even if advised of the possibility of such damage.
If you have any questions concerning this Agreement or wish to contact Nicomsoft for any reason, please write e-mail at firstname.lastname@example.org.