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.
Nicomsoft grants Licensee a non-exclusive, non-transferable, worldwide license for one (1) programmer to install the Software on a single personal computer and use the Software in the development of one (1) end user application as contemplated in section 2 below (herein, the “Application Software”). If additional programming seats are needed, Licensee should contact Nicomsoft for discounted license pricing. The license granted hereunder applies only to the designated version of the enclosed Software. If the Software is an upgrade or cross grade, it, and the product that was upgraded/cross graded constitute a single copy of the Software for purposes hereof and the new version and product that was upgraded/cross graded cannot be used by two people at the same time.
2. SINGLE END USER APPLICATION
The Application Software developed by Licensee must be an “end user application.” An “end user application” is a specific application program that is licensed to a person or firm for business or personal use and not with a view toward redistributing the application or any part of the application, and may be either an application that is used by Licensee internally, or an application that is commercially distributed to end users for their use. The license rights hereunder do not apply to development and deployment of software products or services such as development toolkits, software with an application programming interface (API), dynamic link libraries (DLLs), ActiveX controls, compilers, operating systems or any other software not falling within the above definition of an end user application.
3. GRANT OF DUPLICATION AND DISTRIBUTION LICENSE
The Software includes certain runtime libraries and files intended for duplication and distribution by Licensee within the Application Software to the user of Application Software (“Redistributables”). Licensee should refer to the Documentation for additional information regarding the Redistributables. Under Nicomsoft’s intellectual property rights, and subject to all the restrictions and conditions set forth in this Agreement and the Documentation, Nicomsoft hereby grants Licensee (and only Licensee) a non-exclusive, non-transferable, worldwide license to reproduce (and have reproduced) exact copies of the Redistributables and include such files in the Application Software, and to deploy the Application Software to end users. If Licensee wishes to use an OEM who will modify the Application Software and copy it, Licensee must first obtain an OEM distribution license from Nicomsoft or must require the OEM to obtain a license from Nicomsoft. Duplication or Redistribution of the Application Software, or any portion thereof, by the users of the Application Software, without a separate written redistribution license from Nicomsoft, is prohibited. If the enclosed Software has certain modules or components that are marked as “for evaluation”, no right to copy and/or distribute such modules or components is granted. No rights to copy or redistribute the Application Software are granted until such time as Licensee has properly registered the Software with Nicomsoft and has otherwise complied with this Agreement.
4. OTHER LICENSE TERMS AND RESTRICTIONS
The licenses granted under this Agreement are expressly conditioned upon Licensee’s compliance with all the terms and conditions of this Agreement. Licensee may not use, copy, rent, lease, sell, sublicense, assign or otherwise transfer the Software except as expressly provided for in this Agreement. Licensee may make a reasonable number of archival copies of the Software. Except for the Redistributables, Licensee shall not distribute any files contained in the Software, including without limitation, .LIC, .LIB, .H, .MAK, .DEF, .TXT, .PDF or .HLP files. Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of Nicomsoft and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse engineer the Software, or attempt to do so, except as permitted by applicable legislation. Licensee shall not reproduce, copy or transfer any Documentation, except Licensee may use the sample source code examples contained in the Documentation for the purpose of developing the Application Software subject to the following limitations: (i) Licensee may not use the sample source code for any purpose other than developing the Application Software and (ii) Licensee may not disclose, redistribute or otherwise transfer any of the sample source code, or any source code derived from the sample source code. Licensee may not use the Software to develop an application that directly or indirectly utilizes Nicomsoft’s Redistributables existing in another application that has been developed by some third party. Upon Nicomsoft’s request, Licensee agrees to send Nicomsoft one demonstration copy of the Application Software. Licensee will maintain complete and accurate records regarding its use of the Software and will promptly respond to inquiries from Nicomsoft’s license compliance department.
The license granted hereby is effective until terminated. Licensee may terminate the license by returning the Software and Documentation to Nicomsoft, without refund, and destroying all copies thereof in any form. Nicomsoft may terminate the licenses if Licensee fails to comply with any term or condition of this Agreement. Upon such termination, Licensee shall cease using the Software and cease using or distributing the Application Software containing the Redistributables. All restrictions prohibiting Licensee’s use of the Software and intellectual property provisions relating to Software running to the benefit of Nicomsoft will survive termination of the license pursuant hereto. Termination will not affect properly granted end user licenses of the Application Software distributed by Licensee prior to termination.
7. EXCLUSION OF WARRANTIES
LICENSEE HAS HAD FULL OPPORTUNITY TO EVALUATE AND TEST THE SOFTWARE TO DETERMINE IF IT MEETS LICENSEE’S REQUIREMENTS. ACCORDINGLY, SOFTWARE IS PROVIDED “AS IS” AND NICOMSOFT MAKES NO PERFORMANCE WARRANTY OR OTHER WARRANTY OF ANY KIND, WHATSOEVER, AND LICENSEE ACKNOWLEDGES THAT NO REPRESENTIONS OF ANY KIND HAVE BEEN MADE CONCERNING THE SOFTWARE ON WHICH LICENSEE IS RELYING IN ENTERING INTO THIS AGREEMENT AND LICENSING THE SOFTWARE.
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.
8. EVALUATION VERSION
If Licensee is using an "evaluation version" of the Software, then the licenses granted hereunder are limited as follows: (a) Licensee is granted a license to use the Software for a period of thirty (30) days counted from the day of installation (the "Evaluation Period") solely for purposes of evaluation and testing the Software to determine if Licensee wishes to purchase a license for the release version of the Software;( b) upon completion of the Evaluation Period, Licensee shall either i) delete the Software from the computer containing the installation, or ii) obtain a paid license of the Software from Nicomsoft or any of its resellers; and (c) any Application Software developed with the evaluation version of the Software may not be deployed other than internally for testing purposes, and will not be distributed or used for any commercial purpose.
If you have any questions concerning this Agreement or wish to contact Nicomsoft for any reason, please write e-mail at support@nicomsoft.com.