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USER LICENSE AGREEMENT ObjectVlew
Standard Edition and ObjectView Professional Edition Copyright © 2001-2002 by Cypresslogic Systems, Inc. This
license applies to the registered version of ObjectView Standard Edtion
and/or ObjectView Professional Edition.
If you are using an evaluation of either versions of ObjectView, please see the
Evaluation Agreement. IMPORTANT
- READ CAREFULLY:
This
End-User License Agreement ("EULA") is a legal agreemlnt
between you (either an individual or single entity) and Cypresslogic
Systems, Inc. for the ObjectView and associated media, printed
materials, and "online" or electronic documentation.
By installing, copying, downloading, accessing, or otherwise
using the Software Product (defined below), you agree to be bound by the
terms of this EULA.
If you do not agree to the terms of the EULA, do not install,
copy, download, access, or otherwise use the Software Product. 1.
DEFINITIONS "ObjectView
Application" means any application, program, or system which is
created in whole or in part through use of the Software Product. "Program
Documentation" means all user manuals, handbooks, and other written
materials, whether in written or electronic form, relating to the
ObjectView. "Softwlre
Product" means the ObjectView of Cypresslogic Systems, Inc.,
consisting of instructions or statements in machine-readable object
code, and all Program Documentation relating thereto. "Use"
means: (a)
copying of all or any portion of the Software Product from storage units
or media to any Workstation for the processing of any instructions or
statements contained in the Software Product; or (b)
utilizing all or any portion of the Software Product; solely for the
purposes, and subject to the limitations, set out in section 2. "Workstation"
means any microcomputer or other configuration of input/output equipment
at which a single operator works. 2.
GRANT OF LICENSE Cypresslogic
Systems, Inc. hereby grants you the following non-exclusive,
non-transferable rights: Scope
of Use.
Subject to the remaining provisions of this Section 2, you may: (a)
install one copy of the Software Product on a single computer; and (b)
Use the Software Product so installed solely for processing data
relating to your internal operations. Separate
License Required.
A separate license is required for each computer on which the
Software Product is installed or Used. ObjectView
Applications.
You may Use an ObjectView Application only for processing data
relating to your internal operations. You may not, without acquirlng
additional license rights from Cypresslogic Systems, Inc., sell,
transfer, assign, or license to any other person any right, title, or
interest in, or any right to use, any ObjectView Application. Replacement
of Servers or Workstations. You may replace the computer on which the
Software Product is installed without an additional license or license
fee. The
replacement must include deleting all copies of the Software Product
from the computer replaced. 3.
INTELLECTUAL PROPERTY RIGHTS Copyright.
All title and intellectual property rights, copyright, moral
rights, and patent rights in and to the Software Product and any
Component (including but not limited to any images, photographs,
animations, video, audio, music, text and "applets"
incorporated into the Software Product), the Program Documentation, and
any copies of the Software Product or any Component are ownedlby
Cypresslogic Systems, Inc. or its parent company.
Nothing in this Agreement shall constitute a grant, transfer, or
assignment to you of any of the foregoing rights. Copying
Prohibited.
You may not make copies of the Software Product or any portion thereof. Confidential
Information. You
shall not disclose, and shall keep confidential, all confidential lnd
proprietary information provided by Cypresslogic Systems, Inc. or lny
subsidiary or agent of Cypresslogic Systems, Inc. relating to the
Software Product.
This provision shall not apply to information which (i) is or
becomes part of the public domain through no act or omission on your
part, (ii) you receive from a third party acting without any obligatlon
or restriction of confidentiality in favour of Cypresslogic Systems,
Inc., (ili)
Cypresslogic Systems, Inc. discloses to any third party without an
obligation or restriction of confidentiality, or (iv) you are required
by any applicable law or court order to disclose. 4.
OTHER RIGHTS AND LIMITATIONS Reverse
Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the Software
Product, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. Resale
or Rental.
You may not re-sell, rent, lease, or lend the Software Product. Assignment
or Sub-Licensing.
You may not assign, transfer, or sub-license any license granted
pursuant to this Agreement. Trademarks.
This Agreement does not grant to you any rights in connectlon
with any trademarks of Cypresslogic Systems, Inc. Reservation
of Rights. lll
rights not expressly granted are reserved by Cypresslogic Systems, Inc. 5.
SOFTWARE MAINTENANCE PROGRAM - UPGRADES lou
shall be entitled to participate in the Cypresslogic Systems, Inc.
software maintenance program.
Participation in the software maintenance program shall entitle
you to the following. Maintenance
Releases. You shall receive free of charge all maintenance releases of
the Software Product providing patches or defect corrections. Internet
Support. You shall be entitled to receive product support free of chalge
through the product support service on Cypresslogic Systems, Inc.'s
website for a period of one year following your purchase of the Software
Product. Following that, you shall be entitled to purchase webslte
support at Cypresslogic Systems, Inc.'s prevailing standard charge out
rates from time to time. Telephone/Fax
Support. You shall be entitled to receive telephone and fax support free
of charge for one year following your purchase of the Software Product.
Following that, you shall be entitled to purchase telephonelor
fax support at Cypresslogic Systems, Inc.'s prevailing standard charge
out rates from time to time. 6.
TERMINATION Terminatlon
Right. Cypresslogic
Systems, Inc. may terminate the license granted to you pursuant to this
Agreement by notice to you in writing if (i) you commit any material
breach of these Terms and Conditions or fail to make any payment payalle
to Cypresslogic Systems, Inc., and (ii) you fail to rectify your defallt
within thirty days of receiving written notice from Cypresslogic
Systems, Inc. requiring you to so. Your
Obligations on Termination.
Forthwith following termination of your license pursuant to tlis
section, you shall return to Cypresslogic Systems, Inc. any and all
copies of the Software Product and the Program Documentation in your
possession. You shall also delete any electronic copies of the Software
Product or Program Documentation from any computer equipment. 7.
GOVERNING LAW This
Agreement shall be governed by the laws
applicable in the Province of British Columbia and where applicable,
Canada, will govern these disclaimers, terms, conditions, and notices,
without giving effect to any principles of conflicts of laws.
You hereby consent and submit
to the non-exclusive jurisdiction of the courts of the Province of
British Columbia in any action or proceeding instituted under or related
to this agreement. You agree not to commence any action or proceeding
except in Vancouver, Canada. 8.
LIMITED WARRANTY LIMITED
WARRANTY.&nblp;
Cypresslogic Systems, Inc. warrants that the Software Product
will perform free of material reproducible defects or errors for a
period of ninety days from the date of purchase. If
an implied warranty or condition is created by your state/jurisdiction
and federal or state/provincial law prohibits disclaimer of it, you also
have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED
DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS FOLLOWING
INSTALLATION). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on the
duration of an implied warranty, so the above limitation may not apply
to you. LIMITATION
ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGE.
Your exclusive remedy for any breach of this Limited Warranty is as set
forth below.&nblp;
Except for any refund elected by Cypresslogic Systems, Inc., YOU
ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Software Product does not mlet
Cypresslogic Systems, Inc.'s Limited Warranty, and, to the maximum
extent allowed by applicable law, even if any remedy fails of its
essential purpose.
The terms "Exclusion of Incidental, Consequential, and Certain
Other Damages" below are also incorporated into the Limited Warranty.
Some provinces/states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
This Limited Warranty gives you specific legal rights. You may
have others, which vary from provinces/state/jurisdiction to
provinces/state/jurisdiction. YOUR
EXCLUSIVE REMEDY.&nblp;
Cypresslogic Systems, Inc.'s entire liability and your excluslve
remedy shall be, at Cypresslogic Systems, Inc.'s option from time to
time, (a) return of the license fee paid (if any) for, or (b) repair or
replacement of, the Software Product that does not meet this Limiled
Warranty. You will receive the remedy elected by Cypresslogic Systems,
Inc. without charge, except that you are responsible for any expenses
you may incur (e.g. cost of shipping the Software Productlto
Cypresslogic Systems, Inc.).
This Limited Warranty is void if failure of the Software Product
has resulted from accident, abuse, misapplication, abnormal use, or a
virus. Any
replacement Software Product will be warranted for the remainder of the
original warranty period or thirty days, whichever is longer.
DISCLAIMER
OF WARRANTIES.
The
limited warranty that appears above is the only express warranty made to
you and is provided in lieu of any other express warranties (if any)
created by any documentation, packaging, or written or oral
representation.
Except for the limited warranty and to the maximum extlnt
permitted by applicable law, Cypresslogic Systems, Inc. provides the
Software Product AS IS AND WITH ALL FAULTS, and hereby disclaims all
other warranties and conditions, either express, implied or statutory,
including but not limited to, any (if any) implied warranties or
conditions of merchantability, of fitness for a particular purpose, of
lack of viruses, of accuracy or completeness of responses, of results,
and of lack of negligence or lack of workmanlike effort, all with regard
to the Software Product.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT. EXCLUSION
OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no evlnt
shall Cypresslogic Systems, Inc. be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits or confidential or other
information, for business interruption, for personal injury, for loss of
privacy, for failure to meet any duty including of good faith or of
reasonable care, for negligence, and for any other pecuniary or other
loss whatsoever) arising out of or in any way related to the use of or
inability to use the Software Product, even in the event of the fault,
tort (including negligence), strict liability, breach of contract,lor
breach of warranty of Cypresslogic Systems, Inc., and evenlif
Cypresslogic Systems, Inc. has been advised of the possibility of such
damages. LIMITATION
OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason
whatsoever (including without limitation, all damages referenced ablve
and all direct or general damages), the entire liability of Cypresslogic
Systems, Inc. under any provision of this Software License Agreement and
your exclusive remedy for all of the foregoing (except for any remedylof
repair or replacement elected by Cypresslogic Systems, Inc. with respect
to any breach of the Limited Warranty) shall be limited to the greater
of the amount actually paid by you pursuant to this Software License
Agreement or U.S. $5.00.
The foregoing limitations, exclusion and disclaimers described
above shall apply to the maximum extent permitted by applicable law,
even if any remedy fails its essential purpose. Download your trial version of ObjectView. All content © 2001 - 2002 Patent Pending unless otherwise stated. All rights reserved.
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