Attention: this is a license, not a sale. This product is provided under the following license which defines what you may do with the product and contains limitations on warranties and/or remedies.
LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO ALCHEMY SOFTWARE DEVELOPMENT LIMITED, HARCOURT BUSINESS CENTRE, HARCOURT STREET, DUBLIN 2, IRELAND, WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE:
ALCHEMY SOFTWARE DEVELOPMENT LIMITED ("ALCHEMY", "we" or "us") provides you with storage media containing a computer program, computer software, including its code, objects including their API's as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by ALCHEMY for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
1. Install and use one copy of the Product on a single computer.
2. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
3. Make one copy of the Product for archive or backup purposes.
4. Transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.
5. If this Product contains the CATALYST Software Developer's Kit ("SDK "), you may use the SDK and any sample files included only as outlined in the SDK Addendum to this General License Agreement.
C. YOU MAY NOT:
1. Use the Product or make copies of it except as permitted in this License.
2. Translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. Rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. Modify the Product or merge all or any part of the Product with another program.
5. Separate the component parts of the Product for use on more than one computer.
D. TERM: This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. WARRANTY: WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, ALCHEMY SOFTWARE DEVELOPMENT LIMITED, HARCOURT BUSINESS CENTRE, HARCOURT STREET, DUBLIN 2, IRELAND, AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
F. LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE , THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
G. U.S. Government Rights: With respect to any acquisition of the Software or Software product by or for any unit or agency of the United States Government (the "Government"), the Software or Software product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (dod) FAR Supplement (the "DFARS"). The Software or Software product was developed entirely at private expense, and no part of the Software or Software product was first produced in the performance of a Government contract. If the Software or Software product is supplied for use by dod, the Software or Software product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Software or Software product is supplied for use by a Federal agency other than dod, the Software or Software product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is Alchemy Software Development Limited, Harcourt Business Centre, Harcourt Street, Dublin 2, Ireland.
H. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Republic of Ireland. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
SDK Addendum To The General License Agreement
IF THIS PRODUCT CONTAINS AN ALCHEMY SOFTWARE DEVELOPER'S TOOLKIT ("SDK "), YOUR USE OF THE SDK PORTION OF THE PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS SDK ADDENDUM, THE TERMS OF THIS SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
It is Alchemy's intention in designing the Software Developer's Kit to make it compatible with other versions of the Software Developer's Kit. However, since it is constantly being modified and reorganized, with certain capabilities added to or eliminated from any particular version or product, Alchemy makes no representations or warranties concerning compatibility with other versions or products.
You are solely responsible for determining the usefulness of the Software Developer's Kit for your particular purpose. The Software Developer's Kit is provided to software developers with the expectation that the developers are capable of writing and debugging their own programs; Alchemy does not assume any support obligations with respect to the Software Developer's Kit or the use thereof. Any research, development, or evaluations you perform is done entirely at your own risk.
YOU MAY:
1. Use the SDK solely for the purpose of developing, manufacturing, marketing and supporting one or more applications software package(s) ("Software Application Product").
2. Develop an editor that may be used by you only in conjunction with the Product.
YOU MAY NOT:
1. Remove or alter any copyright notice, trademark, or other proprietary rights notice placed by Alchemy on the SDK or any portion thereof.
2. Reproduce and sublicense the software program files included in the SDK's ‘Samples' folder ("SDK files"), provided the files are in executable format and incorporated into a Software Application Product developed by you. Any sublicense of the SDK files shall be granted solely for the use of these SDK files in connection with and as a sublicensed part of a Software Application Product for any support, service, upgrades or other assistance.
INDEMNIFICATION: You agree to indemnify and hold Alchemy harmless from and against any and all costs, liabilities, claims, or demands (including reasonable attorney's fees and expenses of any kind whatsoever) that arise or result from the use, reproduction or distribution of your Software Application Product, documentation, or promotional or sales materials.
ALCHEMY TRADEMARKS AND TRADENAMES: You may not refer to Alchemy or include any Alchemy trademarks in or on any material except for the sole purpose of stating that a Software Application Product may be utilized in connection with the specific Alchemy software product. In the event you refer to Alchemy or include the trademarks in or on any program materials or any packaging, marketing, or advertising materials, the trade name or trademarks must be accompanied with the following footnote disclaimer printed in a clearly legible manner on the same page in no smaller than ten-point type:
"This product is not manufactured, approved, or supported by Alchemy Software Development Limited."