|
This license agreement covers your use of the TableReport 2, its source code,
documentation, and executable files, hereinafter referred to as "Product".
The Product is Copyright © 2004-2005 Borus software. You may use it and
distribute it according to this following License Agreement. If you do not
agree with these terms, please remove the Product from your system. By
incorporating the Product in your work or distributing the Product to others
you implicitly agree to these license terms. The Product is, and remains,
Copyright © Borus software, with exception of specific copyrights
as noted in the individual source files. The Product is distributed as
try-before-you-buy product. This means:
All copyrights to Product are exclusively owned by the author - Borus software.
Product is protected by copyright laws. At all times Borus software
retains full title to the software. Subject to your acceptance of and
accordance with the terms and conditions stated in this agreement, you shall
be granted a single-user software license. Any previous agreement with
Borus software is superseded by this agreement.
Anyone may use trial version of Product as long as you want. You can try trial
version of Product, which prints only one page of report. Full version of
Product does not contain such restrictions and shipped with compiled modules
(Standard Edition) or with full source code (Professional Edition). To use full
version of Product, you MUST register.
The Product unregistered trial version, may be freely distributed, with
exceptions noted below, provided the distribution package is not modified.
No person or company may charge a fee for the distribution of Product without
written permission from the copyright holder. The Product unregistered trial
version may not be bundled or distributed with any other package without
written permission of the copyright holder.
REGISTER THIS SOFTWARE LICENSE GIVES YOU THE RIGHT TO:
1. Install and use the Product for the sole purposes of designing, developing,
testing, and deploying application programs which you create. You may install
a copy of the Product on a computer and freely move the Product from one
computer to another, provided that you are the only individual using the
Product. If you are an entity, you must designate one individual within your
organization ("Named User") to have the right to use the Product.
2. Write and compile your own application programs using the Product contained
in this package. All copies of the Product you so write and distribute must
include a Borus software copyright notice, or a valid copyright notice of your own.
3. Make one copy of the Product for backup or archival purposes or copy the
Product to a single permanent storage medium provided you keep the original
solely for backup or archival purposes.
4. Technical support and notifications on those new versions Product, which
can upgrade with no additional payment.
5. The registered Product may not be rented or leased, but may be permanently
transferred, if the person receiving it agrees to terms of this license. If
the software is an update, the transfer must include the update and all
previous versions.
6. It is not provided any additional license deductions, except for cost of
the registration, connected with creation and distribution of reports and
forms of Product. The registered users, can use Product as "Royalty free".
It means, that they freely may distribute the programs using Product if it
does not contradict conditions of this license agreement. Any sanctions to
that on from the author is not required.
ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE SOFTWARE
LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION, BORUS SOFTWARE MAY
PURSUE CRIMINAL, CIVIL, OR ANY OTHER AVAILABLE REMEDIES.
1. Distribution of any files contained in this software package, other than
the runtime packages explicitly listed above, including but not limited to
.PAS, .DFM, .DCU files, .DCP files, and design-time packages.
2. Modification, decompilation, disassembly, reverse engineering or translation
of the Product.
3. Removal of proprietary notices, labels or marks from the Product or Product
Documentation.
4. Inclusion of the Product in a development environment.
5. Creation of an application that does not differ materially from the Product.
6. Development and/or distribution of a stand-alone reporting application based
on the Product.
7. Creation of an application (whether it be freeware, shareware or a
commercial product) which competes directly or indirectly with the Product.
AGREEMENT PERTAINING TO THE RELEASE OF SOURCE CODE BY BORUS SOFTWARE TO RECIPIENT:
USE OF SOURCE CODE
Recipient will not utilize the source for the creation of Product (whether it
be freeware, shareware or a commercial product) which competes directly or
indirectly with Product. In addition, Recipient will not disclose the source
itself, nor the implementations discovered therein, to any party involved in
the creation of software which competes directly or indirectly with Product.
DISTRIBUTION OF SOURCE CODE
Recipient will not distribute the Product. Specifically this includes all
.dcu, .dfm, and .pas files which Borus software has provided.
CHANGES TO SOURCE CODE
Borus software reserves the right to change any part of the source in future
versions of the Product. These changes may include the removal of classes,
properties and methods or the creation of new classes, properties and methods.
TECHNICAL SUPPORT FOR SOURCE CODE
Borus software will not provide support for changes Recipient makes to the source.
Recipient assumes full responsibility for supporting any code or application
which results from such modification. Recipient will not hold Borus software
liable, directly or indirectly, for any changes made to the source, including
changes which Recipient has made based on advice or suggestions provided by
Borus software. You must clearly indicate any modifications at the start of each
source file. The user of any modified Product code must know that the source
file is not original.
SOURCE IS PROVIDED AS IS
PRODUCT IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR
IMPLIED. YOU USE AT YOUR OWN RISK. BORUS SOFTWARE WILL NOT BE LIABLE FOR DATA
LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR
MISUSING THIS PRODUCT
|
TERM AND TERMINATION.
The license granted under this Agreement will continue in force until
terminated, as set forth herein. If Licensee fails to pay any monies or
provide any services due in connection with the Product, or violates any term
or condition of this Agreement, Borus software or its agent may terminate this
License immediately by giving notice of termination to Licensee. Licensee is
responsible for providing valid contact information to Borus software. If no
valid contact information is available for Licensee in Borus software' records,
Borus software is not required to give notice of termination to Licensee.
Licensee also may terminate this License voluntarily by giving notice of
termination to Borus software and destroying or returning to Borus software all
copies of all or any part of the Product and related user documentation in
Licensee's possession or under Licensee's control.
EFFECT OF TERMINATION.
Immediately upon termination, Licensee will destroy or return to Borus software
all copies of all or any part of the Product in Licensee's possession or
under Licensee's control. Licensee will have no right to keep or use any
copy of the Product and related user documentation for any purpose after
termination of this Agreement.
TRANSFER OF PRODUCT
Licensee shall not have the right to transfer this Product license, without
the prior written consent of Borus software.
CONFIDENTIALITY.
The parties to this Agreement will take all reasonable steps to ensure that
any material or information identified by either party to be confidential
("Confidential Information"), which the other party has possession or
knowledge of in connection with this Agreement, will not be disclosed to
others, in whole or in part, without the prior written permission of the
other party. Neither party will have the obligation to maintain the
confidentiality of any data or information which (i) was in the receiving
party's lawful possession prior to receipt from the other party, (ii) is
later lawfully obtained by the receiving party from a third party having no
obligation of secrecy to the other party, (iii) is available to the public
through no act or failure of the receiving party, (iv) is readily available
in the public domain, or (v) is independently developed by the receiving
party. The receiving party will immediately return or destroy any or all
Confidential Information that has been provided to it by the other party,
upon the other party's request.
PRODUCT WARRANTY
Borus software warrants the Product to conform to the description of its
function and performance. In the event that the Software does not perform
in accordance with this warranty, Borus software agrees to repair or fix any
non-conformity free of charge, or to refund any amount paid by Licensee for
the Product. Product that does not perform in accordance with its description
due to one or more of the following causes will not be covered by this
warranty: (i) The code or related files are changed by anyone other than
Borus software, or (ii) if the Product is custom Product developed for Licensee,
the custom Product is installed by anyone other than Borus software.
REFUNDS
In the event that Borus software refunds any amounts paid by Licensee for the
Product, pursuant to Paragraph above, Licensee understands and agrees that
this Agreement and the Product license are terminated, and Borus software will
withdraw Product, code and related documentation provided under this Agreement.
Upon receipt of such refund, Licensee agrees that it will no longer use,
display or otherwise control the Product, code or related documentation for
which the refund was issued.
DISCLAIMER OF WARRANTY FOR PRODUCT
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT,
BORUS SOFTWARE DISCLAIMS ALL IMPLIED WARRANTIES FOR THE PRODUCT,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. BORUS SOFTWARE MAKES NO REPRESENTATIONS
CONCERNING THE QUALITY OF THE PRODUCT AND DOES NOT PROMISE THAT
THE PRODUCT WILL BE ERROR FREE OR WILL OPERATE WITHOUT
INTERRUPTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL BORUS SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF
THE USE OF THE PRODUCT BY ANY PERSON, REGARDLESS OF WHETHER BORUS SOFTWARE
IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE
LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, BORUS SOFTWARE' NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION AND OTHER TORTS.
OWNERSHIP OF PRODUCT
Borus software has and will retain all ownership rights in the Product,
including all patent rights, copyrights, trade secrets, trademarks, service
marks, related goodwill and confidential and proprietary information.
Licensee will have no rights in the Product except as explicitly stated in
this Agreement.
ASSIGNMENT AND DELEGATION
Licensee may not assign this Agreement or any rights under it and may not
delegate any duties under this Agreement without Borus software' prior written
consent. Any attempt to assign or delegate without that consent will be void.
GENERAL
This Agreement constitutes the entire understanding between Borus software and
Licensee with respect to subject matter hereof. Any change to this Agreement
must be in writing, signed by Borus software and Licensee. Terms and conditions
set forth in any purchase order which differ from, conflict with, or are not
included in this Agreement, shall not become part of this Agreement unless
specifically accepted by Borus software in writing. Licensee shall be responsible
for and shall pay, and shall reimburse Borus software on request if Borus software
is required to pay, any sales, use, value added (VAT), consumption or other
tax (excluding any tax that is based on Borus software' net income), assessment,
duty, tariff, or other fee or charge of any kind or nature that is levied or
imposed by any governmental authority on the Product.
All rights not expressly granted here are reserved by Borus software.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND
AGREES TO ALL OF ITS TERMS AND CONDITIONS.
|
