» version 22.214.171.124 - posted on 2008-08-06
EULA - End User License Agreement
This End User Software License Agreement ("EULA") is a legal agreement between you and ToolButton Inc. (who owns and operates Web20Tools.net ("WEBSITE")) for the software downloaded from the WEBSITE together with all related documentation ("SOFTWARE PRODUCT" or SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. GRANT OF LICENCE
ToolButton Inc. grants to you as an individual or entity a non-exclusive Licence to make and use copies of the SOFTWARE in the manner provided below. The software is licensed, not sold.
(a) Personal License
ToolButton Inc. grants to you as an individual, a personal, nonexclusive license to install the SOFTWARE for the sole purposes of non-commercial use. If your use is not personal or becomes not personal, you shall either (i) delete the SOFTWARE and all related documentation from all computers onto which it was installed or copied, or (ii) purchase a non-personal license from ToolButton Inc. or one of its authorized suppliers to purchase the SOFTWARE. You may not under the terms of the personal license distribute any portion of the SOFTWARE or products generated using the SOFTWARE.
(b) Developer Licence
After you have purchased a Developer licence for the SOFTWARE, and have received a registration code enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licences purchased and activate the SOFTWARE using the supplied registration code. The primary user of the computer on which each registered copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a second computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate licence fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make copies of the SOFTWARE for backup or archival purposes. You have a royalty-free right to distribute the portions of the SOFTWARE designated as "Redistributable Code" under the terms below.
(c) Premium Licence
After you have purchased a Premium licence for the SOFTWARE, and have received a registration code enabling the registered copy, you are licensed to copy the SOFTWARE onto servers which are part of an entire single collective entity, organization, enterprise, or corporation at a single physical location or up to ten (10) developers at separate physical locations who are still part of a single collective entity, organization, enterprise or corporation to all versions of the particular product released within one (1) year of the purchase. You may use the SOFTWARE PRODUCT in unlimited applications, solutions, web servers or web applications. You may make copies of the SOFTWARE for backup or archival purposes.
(d) Source Code Licence
If you purchase a license for the SOFTWARE source code neither the source code nor modified source code may be distributed by you to any third party under any circumstances. The Software source code must be protected as you would your own and you expressly and unequivocally agree to be bound by the acts of your employees and agents and the terms of the RESTRICTIONS section below. You may modify the Software source code; however such modifications do not constitute ownership of the source code. Modifications to the Software source code may not be sold, transferred or published in any manner whatsoever. Licensing of the SOFTWARE source code does not constitute a transfer of ownership under the terms of this agreement, and the SOFTWARE remains owned and copyrighted by ToolButton Inc.
(e) Redistributable Licence
After you have purchased a Redistributable licence for the SOFTWARE, and have received a registration code enabling the registered copy, you may distribute the portions of the compiled, modified SOFTWARE designated as "Redistributable Code" under the terms below. This license allows your company to distribute the SOFTWARE as an integrated part of 1 (one) commercial product. This end-product can be sold or distributed royalty-free provided that it adds significant and primary functionality to the SOFTWARE. ToolButton Inc. retains all right, title and interest in and to the SOFTWARE source code. Redistributable licensing of the SOFTWARE does not constitute a transfer of ownership under the terms of this agreement, and the SOFTWARE remains owned and copyrighted by ToolButton Inc.
You acknowledge that the SOFTWARE source code is licensed "AS-IS", without warranty of any kind, and agree that ToolButton Inc. is under no obligation to provide technical support for any original or modified SOFTWARE source code.
2. REDISTRIBUTABLE CODE
Portions of the software are designated as "Redistributable Code". The Software documentation describes the files and Redistributable rights associated with each file of the Redistributable Code, subject to the requirements described below. You have a royalty-free right to distribute the portions of the SOFTWARE designated as "Redistributable Code" only if:
(a) You have purchased a licence for the SOFTWARE and have received a registration code enabling the registered copy of the SOFTWARE.
(b) You distribute only the portions of the SOFTWARE designated as "Redistributable Code".
(c) You use and distribute the "Redistributable Code" only in conjunction with the binary files that make use of them as a part of your software product.
(d) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE;
(e) You do not expose, document or make public the SOFTWARE API (Application Programming Interface);
(f) Your software product may not, in the reasonable opinion of ToolButton Inc., compete with an ToolButton Inc. product.
(g) You agree to indemnify, hold harmless, and defend ToolButton Inc. and its suppliers from and against any and all claims or lawsuits including legal fees that arise or result from the use or distribution of your software product.
You must not redistribute the registration codes provided, either on paper nor electronically.
You must not redistribute any original or modified source code file or any portion of the source code contained within the files. You agree not to use the knowledge acquired from the source code in order to develop for yourself or any third party any program that is similar to or competitive with the Software. You are not allowed to port the source code to other programming languages.
You may not reverse engineer copy, duplicate or distribute the licence schema that is needed to use the SOFTWARE in a design, development or runtime environment. You may not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it.
You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and registration codes and retain none, and the recipient agrees to the terms of this EULA.
Without prejudice to any other rights, ToolButton Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE. You may terminate this licence at any time by destroying the original and all copies of the SOFTWARE in whatever form.
The SOFTWARE is owned by ToolButton Inc. and is protected by Canadian copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE (if any), nor print copies of any user documentation provided in on-line or electronic form.
6. LIMITED WARRANTY
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE AUTHOR or AUTHORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENCE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL TOOLBUTTON INC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF TOOLBUTTON INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TOOLBUTTON INC.''S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEEDS THE LICENCE FEE PAID BY YOU.