Read the terms of this Agreement carefully before you install the software media package. You will express your consent to be bound by the terms of this Agreement by obtaining, opening or installing the software media package. The software media package contains the retail version of the CreaSign software, data files and documentation (collectively "Software"). If you do not agree to all the terms in this Agreement, then you must delete any copies of Software from your computer(s).
I. Definitions:
The following terms have the respective meanings as used in this EULA:
· "Developed Software" means those computer software products that are developed by or through the use of the Software.
· “Network Server” means a physical or virtual computer that operates for the purpose of serving other computers logically or physically connected to it, including, but not limited to, other computers connected to it on an internal network, intranet or the Internet.
· "Network Server License" means that a separate End User License must be purchased for each Network Server operating the Software.
· "Developed Server Software" means those Developed Software products that reside logically or physically on at least one Network Server and are operated (meaning the computer software instruction set is carried out) by the Network Server's central processing unit(s) (CPU).
· "Developed Legacy Software" means those Developed Software products that are not Developed Server Software, including, for example, stand-alone applications and applications accessed by a file server only.
· “Redistributable Files" means the Software files or other portions of the SOFTWARE that are provided by CREA d.o.o. and are identified as such in the documentation for distribution by you with the Developed Software.
· "Developer" means a human being or any other automated device using the Software in accordance with the terms and conditions of this EULA.
· “Your Organization” If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then "Your Organization" means your principal, the entity or other legal person for whom you are acting. Otherwise, “Your Organization” means you.
II. Intellectual property and ownerhsip:
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Title, ownership rights, and all intellectual property rights in and to the Software shall remain with CREA d.o.o. and/or its licensors. You agree not to modify the Software, reproduce or distribute the Software except as expressly authorised herein, create derivative works of, or attempt to decipher, translate, decompile, disassemble, reverse engineer the Software or otherwise attempt to derive the source code of the Software or assist or encourage any third party in doing so.
III. Grant of license
As provided in more detail below, this EULA grants you two licenses: 1) a license to use the Software to develop other software products (the "Development License"); and 2) a license to use and/or distribute the Developed Software (the "Distribution License").
If you have purchased a “Standard license” this EULA grants you the following:
· “Development license” and
· “distribution license for Developed Legacy software” or “Standard distribution license for Developed Server Software”
If you have purchased an “Unlimited license” this EULA grants you the following:
· “Development license” and
· “Distribution license for Developed Legacy software” or “Unlimited distribution license for Developed Server Software”
The Development and Redistribution license are defined as follows:
Development license: You are hereby granted a limited, royalty-free, non-exclusive right to use the Software to design, develop and test the Developed Software by any number of Developers within Your Organization, on the express condition that, and only for so long as, you and your Developers fully comply with all terms and conditions of this EULA.
The “Developed Software” may not be a software development product, including, but not limited to, development environment of any kind, software component, library or other product exposing encapsulated classes, properties, methods of the Software to your customers. You shall not develop applications that provide an application programmable interface to the Software or the Software as modified. Redistribution by your users of “Developed Software”, or your modified or wrapped version of the Software without the appropriate redistribution license from CREA d.o.o. is prohibited.
You may not use CREA d.o.o.'s name, logo, or trademarks to market your Developed Software without the express written consent of CREA d.o.o. You must include the following copyright notice in your Developed Software documentation and/or in the "About Box" of your Developed Software, and wherever the copyright/rights notice is located in the Developed Software (“Portions Copyright © Crea d.o.o. 2002-2007. All Rights Reserved.”). You agree to indemnify, hold harmless, and defend CREA d.o.o., its suppliers and resellers, from and against any claims or lawsuits, including attorney's fees that may arise from the use or distribution of your Developed Software. You may use the software only to create Developed Software that is significantly different than the SOFTWARE.
Distribution license for Developed Legacy software: Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Legacy Software on a royalty-free basis, provided that the Developed Legacy Software incorporates the Software as an integral part of the Developed Software in machine-language compiled format.
Standard distribution license for Developed Server Software. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Server Software, provided that you must purchase one Network Server License for Network Server operating the Developed Server Software (and/or Redistributable Files called or otherwise used directly by the Developed Server Software). You may purchase an additional Network Server License by purchasing an additional separate End User License for the Software; one Network Server License is included in this EULA. Notwithstanding the foregoing, however, you may distribute or transfer, free of royalties, the Redistributable Files (and/or any Developed Legacy Software) to the extent that they are used separately on one or more computers on the client/workstation side of the network served by the Network Server.
Unlimited distribution license for Developed Server Software. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Server Software. You do not need to purchase any additional Network Server Licenses for Network Server operating the Developed Server Software (and/or Redistributable Files called or otherwise used directly by the Developed Server Software). Notwithstanding the foregoing, however, you may distribute or transfer, free of royalties, the Redistributable Files (and/or any Developed Legacy Software) to the extent that they are used separately on one or more computers on the client/workstation side of the network served by the Network Server.
Updates and upgrades: Subject to the terms and conditions of this EULA, the Licenses are perpetual. Updates and upgrades to the Software may be provided by CREA d.o.o. from time-to-time, and, if so provided by CREA d.o.o., are provided upon the terms and conditions offered at that time by CREA d.o.o. in its sole discretion. CREA d.o.o. may provide updates and upgrades to the Software for free or for any charge, at any time or never, and through its chosen manner of access and distribution, all in CREA d.o.o.’s sole and complete discretion. CREA d.o.o. reserves the right to discontinue distribution and/or support of its products at any time without notice. CREA d.o.o. reserves the right to change the prices of its products and services at any time without notice.
Evaluation Copy: If you are using an "evaluation copy" or similar version, specifically designated as such by CREA d.o.o. on its website or otherwise, then the Development License and Distribution License are limited as follows:
a) You are granted a non-exclusive, non-transferable license to use the Software for a period of thirty (30) days counted from the day of installation (the "Evaluation Period") in order to determine whether or not you wish purchase a license for CreaSign. You may not use the Software for any other purposes.
b) Upon completion of the Evaluation Period, you shall either i) delete the Software from the computer containing the installation, or you may ii) contact CREA d.o.o. or one of its authorized dealers to purchase a license of the SOFTWARE, which is subject to the terms and limitations contained herein.
c) Any Developed Software may not be distributed or used for any commercial purpose.
IV.
Term
This EULA will
take effect upon installing the Software and will remain in force until
expiration of the Evaluation Period. Without prejudice to any other rights it
may have, CREA d.o.o. may terminate this EULA and the Licenses if you fail to
comply with the terms and conditions contained herein. In such an event, you
must destroy all copies of the Software as well as all copies of derived files
and documentation.
If you are using the Evaluation Copy the following additional restriction applies: At the conclusion of the evaluation period you must return all media and documentation to CREA d.o.o. and destroy all copies of Software as well as all copies of derived files and documentation at the end of the Evaluation Period.
Expiration or termination of this EULA will not affect the provisions disclaiming CREA d.o.o.'s liability, which provisions shall survive any expiration or termination of this Agreement.
VI.
Additional Restrictions
You may not publish or provide the results of any benchmark or comparison tests
run on the Software to any third party without the prior written consent of
CREA d.o.o. No right, title or interest in or to any trademark, service mark,
logo or trade name of CREA d.o.o. is granted under this Agreement.
VII. Warranty
Disclaimer and Limitation of Liability
The Software is licensed to the user on an "AS IS" basis. CREA d.o.o.
makes no warranties, either express or implied, with respect to the Software
including but not limited to any warranty of merchantability or fitness for any
particular purpose. CREA d.o.o. does not warrant that the operation of the
Software will be uninterrupted or error-free, or that defects in the Software
will be corrected. You the user are solely responsible for determining the
appropriateness of the Software for your use and accept full responsibility for
all risks associated with its use. CREA d.o.o. is not and will not be liable
for any direct, indirect, special, incidental or other damages of any kind
(including loss of profits or interruption of business) however caused even if
CREA d.o.o. has been advised of the possibility of such damages.
VII. Governing
law
Any action related to this Agreement will be governed by the laws of Slovenia.
IX. Severability
If any provision of this Agreement is held to be unenforceable, then this
Agreement will remain in effect with the provision omitted and all other terms
remaining enforceable, unless omission would frustrate the intent of the
parties, in which case this Agreement will immediately terminate.
V. Complete
agreement
This Agreement is the entire agreement between you and CREA d.o.o. relating to
its subject matter. This Agreement may not be modified other than in a writing
executed by CREA d.o.o.
Copyright (C) 2002-2007 CREA d.o.o
(c) CREA 2002-2007 www.creasign.si