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License Agreement for the Alloy Look&Feel
This License Agreement governs your use of the Alloy Look&Feel software ("SOFTWARE") supplied to you by INCORS GmbH ("INCORS") and related documentation. By downloading, installing or otherwise using the SOFTWARE, you agree to be legally bound by the terms of this License Agreement.1. PERMITTED USE
A. Specific conditions of use which apply to the type of license you have acquired from INCORS
Evaluation License
- You may use the SOFTWARE within your organisation for a period of up to 30 days from its supply to you. At the end of this period, if you do not purchase another license from INCORS you must destroy all copies of the SOFTWARE supplied to you, including copies installed on any computer, and all related documentation.
- You may not distribute any portions of the Software to any third party
Single Developer License
- You may install and use the SOFTWARE for development purposes on one computer within your organisation.
- You may incorporate the SOFTWARE into your own software products for distribution to other people or organisations provided the appropriate copyright of INCORS is acknowledged on all media containing, and documentation relating to, such software products.
- You may not distribute the SOFTWARE, or any portion of the SOFTWARE, to any third party unless it is incorporated into your own software products whose functionality exceeds the functionality of the SOFTWARE and which do not compete directly with the SOFTWARE.
Company License
- You may install and use the SOFTWARE on any number of computers or terminals within your organisation in one country.
- You may incorporate the SOFTWARE, or portions of the SOFTWARE, into your own software products for distribution to other people or organisations provided the appropriate copyright of INCORS is acknowledged on all media containing, and documentation relating to, such software products.
- You may not distribute the SOFTWARE, or any portion of the SOFTWARE, to any third party unless it is incorporated into your own software products whose functionality exceeds the functionality of the SOFTWARE and which do not compete directly with the SOFTWARE.
B. General conditions of use applying to all types of license.
- You may make a reasonable number of copies of the SOFTWARE for backup and recovery purposes.
- You may not make copies of the SOFTWARE additional to those expressly permitted in this License Agreement.
- You may not remove or obscure any copyright and trademark notices relating to the SOFTWARE.
- You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You may not sublicense, transfer or assign this License Agreement or any of your rights or obligations under this License Agreement, in whole or in part.
2. INTELLECTUAL PROPERTY RIGHTS
The copyright, patents, trade marks and all other intellectual property rights in the SOFTWARE and related documentation are owned by INCORS or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights in the SOFTWARE other than those expressly granted in this License Agreement.
3. TERMINATION
This License Agreement is effective until terminated. Without prejudice to any other rights, INCORS may terminate this License Agreement if you fail to comply with the terms and conditions of the License Agreement. In such event, you must destroy all copies of the software. You may terminate this License Agreement at any time by destroying all copies of the SOFTWARE.
4. LIMITED WARRANTY
INCORS warrants that for a period of six (6) months from the date of acquisition, the SOFTWARE, if operated as directed, will substantially achieve the functionality described in the documentation accompanying same. INCORS does not warrant that the functions of the SOFTWARE will meet your requirements or that operation of the SOFTWARE will be uninterrupted or error free.
INCORS' sole liability for any breach of this warranty shall be, in INCORS' sole discretion:
A. to replace the defective SOFTWARE; or
B. to advise you how to achieve substantially the same functionality with the SOFTWARE as described in the documentation through a procedure different from that set forth in the documentation; or
C. if the above remedies are impracticable, to refund any license fee you paid for the SOFTWARE.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY INCORS ON THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. LIMITED LIABILITY
NEITHER INCORS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF INCORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. HIGH-RISK ACTIVITIES
The SOFTWARE is not designed or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. INCORS and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.
7. MISCELLANEOUS
This License Agreement shall be governed and construed in accordance with the laws of Germany. No choice of law rules of any jurisdiction will apply. If any provision of this License Agreement is held to be unenforceable, this License Agreement will remain in effect with the provision omitted.
