Project Licensed as FREEWARE
END-USER LICENSE AGREEMENT
For CodeTyphon Studio Project
By PilotLogic Software House
PLEASE READ THIS AGREEMENT
CAREFULLY. BY INSTALLING OR OTHERWISE USING
THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD,
INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE
UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE
SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT
PRIOR WRITTEN AUTHORIZATION FROM PILOTLOGIC.
RIGHTS AND LICENSES
Software License Agreement ("Agreement") is a legal
agreement between You (an entity or a person) and PilotLogic, Software House.
("PilotLogic") with respect to the software product identified in the
title of this Agreement, media (if any) and accompanying documentation
(collectively the "Software").
The Software is a
collective work of PilotLogic. You may make and use
unlimited copies of the Software for Your distribution and use within
Your Organization. You may make and distribute unlimited copies of
the Software outside Your organization provided that: 1) You receive
no consideration; and, 2) you do not bundle or combine the Software
with another offering (e.g., software, hardware, or service). The
term "Organization" means a legal entity, excluding subsidiaries and
affiliates with a separate existence for tax purposes or for legal
personality purposes. An example of an Organization in the private
sector would be a corporation, partnership, or trust, excluding any
subsidiaries or affiliates of the organization with a separate tax
identification number or company registration number. In the public
sector, an example of Organization would be a specific government
body or local government authority.
The Software is a modular
programming system. Most of the components
are open source packages, developed independently, and accompanied by
separate license terms. Your license rights with respect to
individual components accompanied by separate license terms are
defined by those terms; nothing in this Agreement (including, for
example, the "Other License Terms and Restrictions," below) shall
restrict, limit, or otherwise affect any rights or obligations You may
have, or conditions to which You may be subject, under such license
While the license terms for
a component may authorize You to
distribute the component, You may not use any PilotLogic marks (e.g., CodeTyphon)
in distributing the component, whether or not the
component contains PilotLogic marks.
OTHER LICENSE TERMS AND RESTRICTIONS
The Software is licensed to You, not sold.
The Software may be bundled
with other software programs ("Bundled
Programs"). Your license rights with respect to Bundled Programs
accompanied by separate license terms are defined by those terms;
nothing in this Agreement shall restrict, limit, or otherwise affect
any rights or obligations You may have, or conditions to which You may
be subject, under such license terms.
PilotLogic reserves all rights not expressly
granted to You. You may not:
(1) reverse engineer, decompile, or disassemble the Software except
and only to the extent it is expressly permitted by applicable law or
the license terms accompanying a component of the Software; or (2)
transfer the Software or Your license rights under this Agreement, in
whole or in part.
You understand and agree
that PilotLogic may use any feedback or
information You provide and You hereby grant PilotLogic a perpetual and
irrevocable license to use all such feedback and information for any
purpose without compensation to You, provided that PilotLogic shall not
publicly reference Your name in connection therewith. You represent
and warrant that such feedback and information will not include any
proprietary or confidential information of You or any third party and
that You have full authority to grant the foregoing license.
No title to or ownership of
the Software is transferred to You.
PilotLogic and/or its licensors owns and retains all title and ownership of all
intellectual property rights in the Software, including any
adaptations or copies. You acquire only a license to use the Software.
THE SOFTWARE AND OTHER
CONFIDENTIAL INFORMATION IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE CONFIDENTIAL INFORMATION IS ASSUMED BY
YOU. PilotLogic DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. PilotLogic DOES NOT WARRANT THAT THE SOFTWARE WILL
SATISFY YOUR REQUIREMENTS OR THAT THE OPERTATION OF THE SOFTWARE WILL
BE UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers
and limitations of warranties, so portions of the above limitations
may not apply to You. This limited warranty gives You specific rights
and You may also have other rights which vary from state to state.
Non-PilotLogic Products. The Software may include or be bundled with
hardware or other software programs licensed or sold by a licensor
other than PilotLogic. PILOTLOGIC DOES NOT WARRANT NON-PILOTLOGIC PRODUCTS. ANY
SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
FOR NON-PILOTLOGIC PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN
ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
LIMITATION OF LIABILITY
(a) Consequential Losses.
NEITHER PILOTLOGIC NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN
IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
(b) Direct Damages. IN NO
EVENT WILL PILOTLOGIC'S AGGREGATE LIABILITY FOR
DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A
SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE
SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations
will not apply to claims relating to death or personal injury. In
those jurisdictions that do not allow the exclusion or limitation of
damages, PilotLogic's liability shall be limited or excluded to the
maximum extent allowed within those jurisdictions.
benchmark testing restriction applies to You
if You are a software vendor or if You are performing testing on the
Software at the direction of or on behalf of a software vendor. You
may not, without PilotLogic's prior written consent not to be unreasonably
withheld, publish or disclose to any third party the results of any
benchmark test of the Software. If You are a vendor of products that
are functionally similar to or compete with the Software ("Similar
Products"), or are acting on behalf of such a vendor, and You publish
or disclose benchmark information on the Software in violation of this
restriction, then notwithstanding anything to the contrary in the
Similar Product's end user license agreement, and in addition to any
other remedies PilotLogic may have, PilotLogic shall have the right to perform
benchmark testing on Similar Products and to disclose and publish that
benchmark information and You hereby represent that You have authority
to grant such right to PilotLogic.
Transfer. This Agreement may not be
transferred or assigned without
the prior written
Agreement and the Upgrade/Additive Agreement
(if applicable) sets forth the entire understanding and agreement
between You and PilotLogic and may be amended only in a writing signed by
both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER,
SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR
TO MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN
ADDITION TO, THE TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this
Agreement will be effective
unless in writing, signed by a duly authorized representative of the
party to be bound. No waiver of any past or present right arising from
any breach or failure to perform will be deemed to be a waiver of any
future right arising under this Agreement.
Severability. If any provision in this Agreement
is invalid or
unenforceable, that provision will be construed, limited, modified or,
if necessary, severed, to the extent necessary, to eliminate its
invalidity or unenforceability, and the other provisions of this
Agreement will remain
Other. The application of the United
Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
Questions. Should you have any questions
concerning this EULA, or
if you desire to contact the PilotLogic for any reason, please contact
by electronic mail at: email@example.com.
Copyright © 2008-2017 PilotLogic Software house. All Rights Reserved.
PilotLogic, and the logo are registered trademarks of PilotLogic.
CodeTyphon, and the logo are registered trademarks of PilotLogic.
Third party trademarks are property of their respective owners.